Senate Study Bill 3007 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED IOWA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM BILL) A BILL FOR An Act concerning bona fide retirement requirements under the 1 Iowa public employees’ retirement system and including 2 effective date and retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5359DP (9) 83 ec/nh
S.F. _____ H.F. _____ Section 1. Section 97B.52A, subsection 1, paragraph c, Code 1 2009, is amended to read as follows: 2 c. (1) For a member whose first month of entitlement 3 is July 2000 or later, the member does not return to any 4 employment with a covered employer until the member has 5 qualified for at least one calendar month of retirement 6 benefits, and the member does not return to covered employment 7 until the member has qualified for no fewer than four calendar 8 months of retirement benefits. 9 (2) For purposes of determining a bona fide retirement 10 under this paragraph “c” , effective the following provisions 11 apply: 12 (a) Effective July 1, 2000, any employment with a covered 13 employer does not include employment as an elective official 14 or member of the general assembly if the member is not covered 15 under this chapter for that employment. 16 (b) For purposes of determining a bona fide retirement 17 under this paragraph and for a member whose first month of 18 entitlement is July 2004 or later, but before July 2010 2011 , 19 covered employment does not include employment as a licensed 20 health care professional by a public hospital as defined in 21 section 249J.3, with the exception of public hospitals governed 22 pursuant to chapter 226. 23 (c) Effective May 25, 2008, any employment with a covered 24 employer does not include noncovered employment as a member of 25 the national guard called to state active duty as defined in 26 section 29A.1. 27 Sec. 2. EFFECTIVE UPON ENACTMENT. The provision of this 28 Act enacting section 97B.52A, subsection 1, paragraph “c” , 29 subparagraph (2), subparagraph division (c), being deemed of 30 immediate importance, takes effect upon enactment. 31 Sec. 3. RETROACTIVE APPLICABILITY. The provision of 32 this Act enacting section 97B.52A, subsection 1, paragraph 33 “c” , subparagraph (2), subparagraph division (c), applies 34 retroactively to May 25, 2008. 35 -1- LSB 5359DP (9) 83 ec/nh 1/ 2
S.F. _____ H.F. _____ EXPLANATION 1 This bill concerns the determination of a bona fide 2 retirement under the Iowa public employees’ retirement system 3 (IPERS). 4 Current law allows, until July 2010, a person to retire, 5 receive retirement benefits, and to return to covered 6 employment as a licensed health care professional at a public 7 hospital after one month and still receive retirement benefits. 8 Most retirees under IPERS are not allowed to return to covered 9 employment and continue to receive retirement benefits until 10 at least four months after they retire. The bill extends 11 the sunset of this shortened period for licensed health care 12 professionals from July 2010 to July 2011. 13 The bill also provides that a person retired under IPERS may 14 return to noncovered employment as a member of the national 15 guard called to state active duty at any time for purposes of 16 determining a bona fide retirement under IPERS. This provision 17 takes effect upon enactment and applies retroactively to May 18 25, 2008. 19 -2- LSB 5359DP (9) 83 ec/nh 2/ 2